Firefighters’ retirement lawsuits are thrown out

SAN DIEGO COURTS  A Superior Court judge threw out a lawsuit filed by former San Diego firefighters union leader Ron Saathoff that sought to force the city to honor a retirement benefit granted to him in 2002 but terminated two years ago.

In the same ruling, Judge Yuri Hoffman threw out claims by a group of city firefighters who sued to reinstate a benefit that allowed them to use annual vacation time to buy extra years of service for calculating their ultimate pension.

It was the second time since December that a judge has thrown out a lawsuit seeking reinstatement of the “presidential leave” benefit. The benefit allowed the presidents of labor unions to combine their city salary with their union salary for purposes of calculating their pensions.

City Attorney Jan Goldsmith praised the two rulings, both of which were based on provisions of the city charter. He said the rulings show courts are recognizing the importance of the charter.

“It is our local constitution,” Goldsmith said in a statement. “Our judiciary understands that and is showing a willingness to enforce it.”

The case, however, is not over. Joel Klevens, the lawyer for Saathoff and the firefighters, promised an appeal.

Hoffman concluded in a decision Friday that the benefit given to Saathoff by the City Council in 2003 could not be enforced. That is because it was done by a resolution, when the charter requires that an ordinance also be enacted to make the benefit official. And Hoffman said the benefit was not part of a memorandum of understanding that codifies labor agreements under state labor law.

Klevens said Hoffman erred, because the resolution contains language that makes it the equivalent of a memorandum of understanding.

Klevens said the fact the city did not enact an ordinance finalizing the benefit is an error by the city — and the city should not gain an advantage from its mistake.

“The city can’t escape its agreement by saying we didn’t do what we’re supposed to do,” he said.

Both the presidential leave benefit and the annual leave exchange benefit were deemed improper by the Internal Revenue Service in 2007. Hoffman said that finding wiped out the deal for the firefighters.

Also, the charter requires that a majority of members of the retirement system has to approve changes in benefits. Hoffman said the lawsuit alleged it was approved only by “firefighters” and not the whole membership, and it was unenforceable for that reason, too.

Klevens said that word was a simple error in how the lawsuit was written. He said he presented evidence that the deal that would allow vacation to be swapped for service credits was put to a vote of all 10,311 members and approved by a vote of 2,193 to 35.

He contended that Hoffman should have allowed him to change the suit but the judge dismissed the case without an opportunity to do so. That will be a strong argument on appeal, Klevens said.

Hoffman’s decision closely tracked a ruling by Judge Timothy Taylor in December. Taylor turned aside a suit from former presidents of the police union seeking reinstatement of the presidential benefit, which was rescinded by the City Council in 2008.